Motorcycle accidents can really be pretty disastrous, causing severe injuries or even death. With a motorcycle, a rider has very little protection on the road if there is a collision, unlike drivers of cars and trucks. Adapting after being in a motorcycle accident is difficult, especially considering all the medical bills to be covered, insurance to be claimed, and legal issues to potentially arise. That is why hiring an expert attorney for motorcycle accidents will save you a lot of hassle.
There are various lawyers specializing in motorcycle accident cases, and one can get guided through the process, protected from every aspect, and ensure that they recover adequate compensation. In this article, we'll elaborate on how an attorney may assist you post a motorcycle accident, the steps they'll take to put up a solid case, and why you'll need an attorney for recovery and financial stability.
1) Understanding the Complexity of Motorcycle Accident Cases:
Most motorcycle accidents come with unique circumstances that probably make determining liability and compensation very challenging. Unlike the ease of liability in car accidents, a motorcycle accident is quite complex because of the bias often inflicted on motorcyclists. Insurance companies and opposing parties are likely to give an impression about motorcyclists being reckless or irresponsible generally. This can be due to the biasness that surrounds accidents involving motorcycles and this is known by an experienced motorcycle accident attorney who fights this and thus ensures a fair hearing of your case.
A motorcycle accident attorney is specialized not only in the laws and regulations about the motorcyclists but also in any aspect of the legal system to safeguard your rights. In case your accident occurred due to collision with another vehicle, road conditions or defective parts of the motorcycle, the knowledgeable attorney will make a detailed investigation of every possible angle and then work on building a strong case in your favor.
2) Conducting a Thorough Investigation:
One of the first things that an attorney will do for you when accepting your case is to conduct a thorough investigation of the accident. This means collecting all the necessary critical evidence that will be helpful in establishing fault and determining the degree of the damages. Here is how the motorcycle accident attorney will investigate:
i) Collecting evidence:
Your attorney will gather pictorial evidence such as photographs of the accident scene, the vehicles involved, skid marks, and road conditions among other visual evidence. Besides, they will also provide with footage from the nearby cameras if any.
ii) Reviewing police reports:
The accident circumstances can be known with the help of an official police report, which comes along with the police officers' assessments of who might have been at fault. Your attorney will carefully go through this report in search of any discrepancy or crucial point that could favour your case.
iii) Interviewing witnesses:
Your claim becomes stronger when you get testimony from witnesses. The attorney will thus interview witnesses and obtain their statements to strengthen your claim.
iv) Working with experts:
There may be the necessity to work with other specialists, such as accident reconstruction specialists, medical doctors and economists on the severity and long-term consequences of your injuries and the circumstances of the wreck depending on the complexity of the case. What is Determining Liability and Proving Negligence?
3) Determining Liability and Proving Negligence:
In order to get compensation, any personal injury case determines who was liable. So, your attorney needs to show that the other party was negligient and that the action of negligence directly causes your injuries. A person fails to act with reasonable care, leading to harm; this is called an act of negligence.
In the motorcycle case, the following parties may be held liable:
i) Other motorists:
If another motorist was distracted, speeding or driving under the influence he may be considered liable for the accident.
ii) Governmental units:
Inadequate maintenance of roads and absence of proper road signs or any hazardous condition of road can hold liability on the governmental unit.
iii) Manufacturers:
If any component of the motorcycle is defective or its protective gear, that resulted in the accident due to poor manufacturing, the manufacturer can be held liable for producing defective goods.
An experienced motorcycle accident lawyer will analyze the circumstances of an accident, collect evidence, and build a clear case showing the other party to be negligent. They'll also defend you against any placement of blame against you, so your case is heard truthfully.
4) Interacting with Insurance Companies:
Probably, one of the most infuriating aspects of being involved in a motorcycle accident is insurance. Adjusters at an insurance company will do their best to downplay your injuries or offer a lowball settlement that you get nothing for all of your losses. In some instances, they can just deny your claim altogether.
A good motorcycle accident attorney will handle all litigation with the insurance companies on your behalf. They try as much pressure to ensure that you get a just settlement that covers your medical bills, lost wages, property damages, and pain and suffering. If no settlement from the insurance company, your attorney will take your case to the courts.
5) Determining Your Absolute Compensation:
After an accident involving a motorcycle, it is important that you have a comprehensive understanding of damages. This includes more than mere initial medical bills and motorcycle repair costs. A knowledgeable attorney will add together all economic and non-economic damages you've incurred:
i) Medical expenses:
The current medical bills up to date, the probable cost of future treatment, surgeries, and more treatment like rehabilitation that may be required and long-term care that you might need due to your injuries.
ii) Lost wages:
If the injuries caused you to lose work time or have reduced earning ability, your attorney will calculate actual lost wages along with future losses in income due to disability or reduced earning capacity.
iii) Pain and suffering:
These are those non-monetary damages which include pain and suffering from the accident, emotional distress, and loss of enjoyment of life. These damages might be quite difficult to put a price on but are vital for recovery. Your lawyer will surely consider all these elements when making demands for compensation.
iv) Property damage:
If your motorcycle was damaged or destroyed in the accident, your attorney will seek to recover compensation to cover repair or replacement costs.
Your lawyer will work with your health professionals, financial analysts, and life care planners, so every one of your damages will be considered and so that you will receive the justifications you need to move forward through these experienced professionals.
6) Representing You in Court:
Although most motorcycle accident claims are settled out of court, sometimes, of course, an out-of-court settlement cannot be reached, and the case needs to be brought to court. In such a situation, should the insurance company not want to make any reasonable offer or settle, your attorney will take the case to court to present it before a judge and jury.
Evidence and expert testimony besides sound legal arguments presented before the court by your motorcycle accident attorney will strongly prove the negligence of the other party and to what extent you are damaged. A successful outcome gets increased multiple times if an experienced attorney is on your side.
7) Protecting Your Legal Rights:
The motorcycle accident legal process can be confusing enough, especially when there is a mix of actual and emotional pain. An attorney plays a role to protect your rights every step of the way. Most importantly, this includes making sure that you file your claim within the statute of limitations, which is how long you have after the event to pursue action.
i) Avoid being forced to settle for a lesser amount that you don't deserve.
ii) You are given the necessary support and guiding advice that will help you make the right decisions in your case.
iii) Engaging a motorcycle accident attorney would allow you to recover fully as they handle the legal issues of your claim.
The Final Words:
Experienced motorcycle accident lawyers can make a big difference for motorcyclists involved in an accident in seeking fair compensation and protecting rights. They will help determine the liability of parties involved, assist in negotiations with the insurance companies, represent you in court if need be, and conduct an inquiry into the accident incident. With the expertise behind their work, you can be sure that your case is in good hands and that you can concentrate on healing and rebuilding your life. Reach out to a motorcycle accident attorney today to discuss your situation and begin the healing process.
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